American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency) (Authority decision, May 31, 2005)

Final FLRA decision. The Authority denies the union's exception to an arbitration award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not address an unfair labor practice.

Plain-English summary

AFGE Local 2145 challenged an arbitration award involving the Richmond VA medical center. The Authority's short published decision does not describe the underlying grievance or the arbitrator's ruling. It states that the union failed to show that the award departed from the parties' agreement under the Authority's deferential contract interpretation standard. The Authority denied the exception, leaving the award in place. It did not consider attachments to the agency's opposition because the agency failed to provide the required copies.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's exception denied; arbitration award remains in place.
• Key point: The published ruling found no showing that the arbitrator's contract interpretation was irrational or implausible.

Full text (FLRA public release)

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60 FLRA No. 175

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2145

(Union)

and

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

RICHMOND, VIRGINIA

(Agency)

0-AR-3919

_____

DECISION

May 31, 2005

_____

Before the Authority: Dale Cabaniss, Chairman, and

Carol Waller Pope and Tony Armendariz, Members

I. Statement of the Case

This matter is before the Authority on an exception to an award of Arbitrator Robert E. Nagle filed by the Union under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exception. [*]

Under § 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or it is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. Upon careful consideration of the entire record in this case, and Authority precedent, the Authority concludes that the award is not deficient on the grounds raised in the exception and set forth in § 7122(a). See United States Dep't of Labor (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).

Accordingly, the Union's exception is denied.

Footnote * for
60
FLRA No. 175

• Authority's Decision

By Order of the Authority on February 1, 2005, the Agency was directed to submit four copies of its opposition and attachments.
However, in response to this Order the Agency failed to provide four copies of its attachments. Accordingly, the Authority
has not considered any attachments that were filed with the Agency's opposition.